Attachment I

PROCEDURE FOR SUBMITTINGCOMPLAINTS & GRIEVANCES

Purpose

Provide a procedure to submit and process complaints that allege a violation of the nondiscrimination and equal opportunity provisions of Title VI of the Civil Rights Act, as amended; Title IX of the Education Amendments Act; Section 504 of the Rehabilitation Act, as amended; the Age Discrimination Act; Title II of the Americans with Disabilities Act; the Workforce Innovation and Opportunity Act and their implementing regulations including 29 CFR part 37.

Policy

The Workforce Innovation and OpportunityAct (WIOA)prohibits discrimination on the basis of race, color, national origin, sex, age, disability, religion, political affiliation or belief, participant status, and against certain non-citizens.

Prohibition of Discrimination Regarding Participation, Benefits, and Employment

No individual is to be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any such program or activity because of race, color, religion, sex (except as otherwise permitted under Title IX of the Education Amendments of 1972), national origin, age, disability, or political affiliation or belief.

Prohibition Involving Facilities for Sectarian Instruction or Religious Worship
Participants shall not be employed under WIOA Title I to carry out the construction, operation, or maintenance of any part of any facility used or to be used for sectarian instruction, or as a place for religious worship (except with respect to the maintenance of a facility that is not primarily or inherently devoted to sectarian instruction or religious worship, in a case in which the organization operating the facility is part of a program or activity providing services to WIOA participants).

Prohibition on Discrimination on Basis of Participant Status
No person may discriminate against an individual who is a participant in a program or activity that receives funds under WIOATitle I with respect to the terms and conditions affecting, or rights provided to, the individual, solely because of the status of the individual as a participant.

Prohibition on Discrimination Against Certain Non-citizens
Participation in programs and activities or receiving funds under WIOATitle I shall be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, and parolees, and other immigrants authorized by the Attorney General to work in the United States.

Prohibition of Discrimination on the Basis of Disability
A recipient is obligated to provide physical and programmatic accessibility and reasonable accommodation/modification in regard to the WIOAprogram, as required by section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, as amended, and Section 181(c) of WIOA.

Equal Opportunity Officer: Every recipient must designate an Equal Opportunity Officer (EO Officer), except small recipients and service providers. A small recipient is defined as serving fewer than 15 beneficiaries during the entire grant year and employing fewer than 15 employees on any given day during the grant year.
The EO Officer must be a senior level employee of the recipient. He or she must not have other responsibilities or activities that create a conflict, or the appearance of a conflict, with the responsibilities of an EO Officer.
Heartland Workforce Solutions, Inc. is the WIA Title I Grant Sub-Recipient Agency. The Executive Director of Heartland Workforce Solutions will serve as the EO Officer for issues related to the grant. The EO Officer may be contacted at:

Attention: Erin Porterfield
Heartland Workforce Solutions, Inc.
5752 Ames Avenue
Omaha, NE 68104
Phone: (402) 218-1163 – TDD: (800) 833-7352

Fax: 402-218-1164

The EO Officer is responsible for:

  • Serving as the recipient's liaison with Civil Rights Center (CRC);
  • Monitoring and investigating the recipient's activities, and the activities of the entities that receive WIOATitle I funds from the recipient, to make sure the recipient and its sub-recipients are not violating their nondiscrimination and equal opportunity obligations under WIOATitle I and 29 CFR Part 37;
  • Reviewing the recipient's written policies to make sure those policies are nondiscriminatory;
  • Developing and publishing the recipient's procedures for processing discrimination complaints and making sure those procedures are followed;
  • Reporting directly to the appropriate official about equal opportunity matters;
  • Undergoing training (at the recipient's expense) to maintain competency; and
  • If applicable, overseeing the development and implementation of the recipient's Methods of Administration.

Notice and Communication: Each recipient must provide initial and continuing notice that it does not discriminate on any prohibited grounds. The notice must be provided to: registrants, applicants, and eligible applicants and registrants; participants; applicants for employment and employees; unions or professional organizations that hold collective bargaining or professional agreements with the recipient; sub-recipients receiving Title I funds from the recipient; and members of the public, including those with impaired vision or hearing. The recipient must take appropriate steps to ensure communications with individuals with disabilities are as effective as communications with others.
The specific wording in the notice is identified in 29 CFR: 37.30 and in Attachment A.
At a minimum, the notice must be:

  • Posted prominently, in reasonable numbers and places;
  • Disseminated in internal memoranda and other written or electronic communications;
  • Included in handbooks or manuals; and
  • Made available to each participant, and made part of each participant's file.

The notice must be provided in appropriate formats to individuals with visual impairments. Where notice has been given in an alternate format, a record that such notice has been given must be made a part of the participant's file.
All brochures, pamphlets, and other publications which promote or broadcast WIA program information must include the following tag line: "This WIA Title I-financially assisted program/activity is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities." Where a telephone number is provided, the materials must also include a TDD/TTY or relay service number.
Where a significant number or proportion of the population eligible to be served may need services or information in a language other than English in order to be effectively informed about, or able to participate in the program or activity, then the recipient must:

  • Consider the scope of the program/activity and the size and concentration of the population that needs services or information in a language other than English, and
  • Based on those considerations, take reasonable steps to provide services and information in appropriate languages.
  • In cases where there is not a significant proportion of the population that is limited-English-speaking, the recipient should still make reasonable efforts to meet the particularized language needs of individuals seeking services or information from the recipient.

To afford individuals with disabilities an equal opportunity to participate in and enjoy the benefits of the WIOATitle I program or activity, a recipient must furnish (at no cost to the individual) appropriate auxiliary aids or services where necessary. In determining what type of auxiliary aid or service is appropriate and necessary, such recipient must give primary consideration to the requests of the individual with a disability. Primary consideration means honoring the choice unless the agency can demonstrate another equally effective means of communication is available, or using the means chosen would result in a fundamental alteration in the service, program, or activity, or undue financial and administrative burdens.
Assurances: Each application for financial assistance under Title I of WIOAmust include the following assurance:

  • As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA, the grant applicant assures it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws:
    Section 181(c) of WIOA, which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I-financially assisted program or activity;
  • Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin;
  • Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities
  • The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and
  • Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs.

The grant applicant also assures that it will comply with 29 CFR part 37 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIOATitle I-financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIOATile I-financially assisted program or activity. The grant applicant understands the United States has the right to seek judicial enforcement of this assurance.

The assurance is considered incorporated by operation of law in the grant, cooperative agreement, contract or other arrangement whereby Federal financial assistance under Title I of the WIOAis made available, whether or not it is physically incorporated in such document, and whether or not there is a written agreement between the U.S. Department of Labor and the recipient, between the U.S. Department of Labor and the Governor, between the Governor and the recipient, or between recipients. The assurance also may be incorporated by reference in such grants, cooperative agreements, contracts, or other arrangements.
Orientations: During each presentation to orient new participants, new employees, and/or the general public to its WIOATitle I-financially assisted program or activity, a recipient must include a discussion of rights under the nondiscrimination and equal opportunity provisions of WIOA, including the right to file a complaint of discrimination with the recipient or Civil Rights Center Director.
A hard copy of "Equal Opportunity is the Law" should be provided and signed by all participants and employees and retained on file. An example form is provided in Attachment A.
Universal Access: Recipients must take appropriate steps to ensure they are providing universal access to their WIOATitle I-financially assisted programs and activities. These steps should involve reasonable efforts to include members of both sexes, various racial and ethnic groups, individuals with disabilities, and individuals in differing age groups. Such efforts may include, but are not limited to:

  • Advertising the recipient's programs and/or activities in media, such as newspapers or radio programs, that specifically target various populations;
  • Sending notices about openings in the recipient's programs and/or activities to schools or community service groups serving various populations; and
  • Consulting with appropriate community service groups about ways in which the recipient may improve its outreach and service to various populations.

Reasonable Accommodations: With regard to aid, benefits, services, training, and employment, a recipient must provide reasonable accommodation to qualified individuals with disabilities who are applicants, registrants, eligible applicants/registrants, participants, employees, or applicants for employment, unless providing the accommodation would cause undue hardship. A recipient must not, directly or through contractual, licensing, or other arrangements, refuse to accommodate an individual's religious practices or beliefs unless to do so would result in undue hardship. Definitions of the terms "reasonable accommodation" and "undue hardship" are specified in 29 CFR 37.4.
Complaints: Any person who believes either he or she, or any specific class of individuals, has been or is being subjected to discrimination prohibited by the Workforce Investment Act or the regulations implementing the nondiscrimination provisions, may file a written complaint, either by him/herself or through a representative. The complainant may file with either the recipient's Equal Opportunity Officer or to:

Director
Civil Rights Center
U.S. Department of Labor
Room N4123
200 Constitution Avenue, NW
Washington, D.C. 20210

Generally, a complaint must be filed within 180 days of the alleged discrimination. However, for good cause shown, the CRC Director may extend the filing time.

Each complaint must be filed in writing, and must contain the following:

  • Complainant's name and address (or another means of contacting the complainant);
  • The identity of the respondent (the individual or entity the complainant alleges is responsible for the discrimination);
  • A description of the complainant's allegations. This description must include enough detail to allow the CRC Director or the recipient, as applicable, to decide who has jurisdiction over the complaint, whether the complaint was filed on time, and the merit of the complaint (whether the complainant's allegations, if true, would violate any of the nondiscrimination and equal opportunity provisions of WIOAor the regulations); and
  • The complainant's signature or the signature of the complainant's authorized representative.

If a complaint is filed with the recipient, the complainant must wait either until the recipient issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (CRC).

If the recipient does not give the complainant a written Notice of Final Action within 90 days of the day the complaint was filed, the complainant does not have to wait for the recipient to issue that Notice before filing a complaint with CRC. However, the CRC complaint must be filed within 30 days of the 90-day deadline (in other words, within 120 days after the day on which the complainant filed the complaint with the recipient).

If the recipient does give the complainant a written Notice of Final Action on the complaint, but the complainant is dissatisfied with the decision or resolution, the complainant may then file a complaint with CRC. The complainant must file the CRC complaint within 30 days of the date on which he/she received the Notice of Final Action.
Recipient's Discrimination Complaint Processing Procedures: The procedures a recipient adopts and publishes must provide that the recipient will issue a written Notice of Final Action on discrimination complaints within 90 days of the date on which the complaint is filed.
The procedures must include the following elements:

  • An initial, written notice to the complainant that contains an acknowledgment the recipient has received the complaint, and notice the complainant has the right to be represented in the complaint process.
  • A written statement of the issue(s), provided to the complainant, which includes the following information:
  1. a list of the issues raised in the complaint, and
  1. for each such issue, a statement whether the recipient will accept the issue for

investigation, or reject the issue and the reasons for each rejection.

If a recipient determines it does not have jurisdiction over a complaint, it must immediately notify the complainant in writing. This Notice of Lack of Jurisdiction must include a statement of the reasons for the determination and notice the complainant has a right to file a complaint with CRC within 30 days of the date on which the complainant receives the Notice. The recipient may want to correspond through certified mail in order to verify date of receipt.

  • A period for fact-finding or investigation of the circumstances underlying the complaint.
  • A period during which the recipient attempts to resolve the complaint. The methods available to resolve the complaint must include alternative dispute resolution (ADR). The ADR procedures must provide that the choice whether to use ADR or the customary process rests with the complainant. The procedures must allow for a party to any agreement reached under ADR to file a complaint with the CRC Director in the event the agreement is breached. If that happens, then the non-breaching party may file a complaint with the CRC Director within 30 days of the date on which the non-breaching party learns of the alleged breach. The CRC Director must evaluate the circumstances to determine whether the agreement has been breached. If he or she determines the agreement has been breached, the complainant may file a complaint with CRC based upon his/her original allegation(s), and the CRC Director will waive the time deadline for filing such a complaint. If the parties do not reach an agreement under ADR, the complainant may file a complaint with the CRC Director.
  • A written Notice of Final Action, provided to the complainant within 90 days of the date on which the complaint was filed. The Notice of Final Action must contain for each issue raised, a statement of either the recipient's decision on the issue and an explanation of the reasons underlying the decision, or a description of the way the parties resolved the issue. In addition, it must include notice the complainant has a right to file a complaint with CRC within 30 days of the date on which the Notice of Final Action is received if he or she is dissatisfied with the recipient's final action on the complaint.

Failure to Comply: Whenever the United States Secretary of Labor finds a State, or other recipient of funds under WIA Title I, has failed to comply with this provision of the law, the Secretary shall notify such State or recipient and shall request compliance takes place. If within a reasonable period of time, not to exceed 60 days, the State or recipient fails or refuses to comply, the Secretary may: